Digital Commons Network^™

If You Can't Stop Them, Protect Them: The Legal Tethers For Bringing Fully Comprehensive Sexual Education Policy To Tennessee, Tess Anderson J.D. Candidate

Belmont Health Law Journal

This Note explores why Tennessee needs a comprehensive sexual education curriculum, how Tennessee can get it, and what should be included in the Curriculum. Part II of this Note provides background on sexual health in the United States. Particularly, this section includes statistics surrounding STDs and teen pregnancy, the current sexual health policy in Tennessee, and examples of different sexual education curriculums currently being used throughout the United States. Part III of this Note analyzes legal tethers that can help attain comprehensive sexual education in Tennessee including the Mature Minor Doctrine, Freedom of Religion, the Fourteenth Amendment Liberty Interest, Title …

Addressing Hate Crimes: Massachusetts Can Do Better, Madison Bader, Christina Miller

Suffolk University Law School Faculty Works

No abstract provided.

Performance Oversight Hearing For The Metropolitan Police Department , February 17, 2022, Katherine S. Broderick

D.C. Council Testimony

Statement of the District Task Force on Jails and Justice Before the Committee on the Judiciary and Public Safety of the Council of the District of Columbia. Performance Oversight Hearing for the Metropolitan Police Department. February 17, 2022.

Preview — Denezpi V. United States (2022). Double Jeopardy In Indian Country, Paul A. Hutton Iii

Public Land & Resources Law Review

On February 22, the Supreme Court of the United States will decide the single issue of whether a Court of Indian Offenses constitutes a federal entity and, therefore, separate prosecutions in federal district court and a Court of Indian Offenses for the same act violates the Double Jeopardy Clause as prosecutions for the same offense.

Hotels In Distress: Surviving An Economic Downturn Through Non-Traditional Contracting, Leslie Mckee

Texas A&M Journal of Property Law

The hospitality industry is no stranger to market fluctuation, but with the onset of a global pandemic, 2020 left its mark as the worst year on record for the industry. With vacancy permeating hotels across the nation, hotel owners faced a year of tough financial decisions, while the unrelenting demands of mortgage payments and operating expenses loomed in the background. Uncertainty became the new normal, and the term “unprecedented” became commonplace as the pandemic lingered beyond initial expectations. The one-year anniversary of the 2019 novel coronavirus (“COVID-19”) pandemic passed without effect as the crisis situation spilled over into a new …

Patently Absurd: The Invention Secrecy Order System, Gregory Saltz

Texas A&M Journal of Property Law

The current patent application secrecy order system has almost no safeguards to prevent abuse and overreach into private intellectual property rights by the Government. Defense agencies are presently able to have the United States Patent and Trademark Office place secrecy orders on applications by merely deciding for themselves that revelation of information found therein would be detrimental to national security; there are no rules or restrictions on how the agencies go about making this determination. Likewise, the current system contains little in the way of protection for inventors who are left without a meaningful way to challenge these orders. The …

Hope V. Harris: Brief Of Amici Curiae Current And Former Prosecutors And Department Of Justice Officials In Support Of Petitioner, Barbara Mcquade

Appellate Briefs

Amici are 45 current and former federal, state, and local prosecutors, state attorneys general, and Department of Justice officials with experience prosecuting and establishing policies for prosecuting serious crimes. Amici recognize that humane conditions of incarceration are important to the community’s trust in the fairness of the criminal justice system and, in turn, to individuals’ willingness to report crimes, act as witnesses, and serve as fair and impartial jurors. As stewards of public safety, amici also have an interest in ensuring that incarcerated people—the vast majority of whom are eventually released—are given the opportunity to rejoin society successfully and refrain …

Answering The Call: A History Of The Emergency Power Doctrine In Texas And The United States, P. Elise Mclaren

St. Mary's Law Journal

During times of emergency, national and local government may be allowed to take otherwise impermissible action in the interest of health, safety, or national security. The prerequisites and limits to this power, however, are altogether unknown. Like the crises they aim to deflect, courts’ modern emergency power doctrines range from outright denial of any power of constitutional circumvention to their flagrant use. Concededly, courts’ approval of emergency powers has provided national and local government opportunities to quickly respond to emergency without pause for constituency approval, but how can one be sure the availability of autocratic power will not be abused? …

The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor

DePaul Business & Commercial Law Journal

No abstract provided.

Risk Tradeoffs And Equitable Decision-Making In The Covid-19 Pandemic, Lawrence O. Gostin, Sarah A. Wetter

Georgetown Law Faculty Publications and Other Works

Since the start of the Covid-19 pandemic, societies have faced agonizing decisions about whether to close schools, shutter businesses, delay nonemergency health care, restrict travel, and authorize the use of emergency Covid-19 countermeasures under limited scientific understanding. Measures to control the spread of COVID-19 have disrupted our health, educational, and economic systems, tarnished our mental health, and took away our cherished time with family and friends. Conflicting advice from health agencies on the utility of public health measures left us wondering, was it all worth it? We still do not have all the answers to guide us through difficult risk-risk …

Ballot Access And The Role Of Diligence During An Election-Year Pandemic, Lauren Spungen

University of Chicago Legal Forum

No abstract provided.

Covid-19: Isolating The Problems In Privacy Protection For Individuals With Substance Use Disorder, Kimberly Johnson

University of Chicago Legal Forum

No abstract provided.

Lochner Under Lockdown, Eugene Kontorovich

University of Chicago Legal Forum

No abstract provided.

Like, Comment, Or Subscribe—Unless You Are A Prisoner: How Prisoners’ First Amendment Rights Are Thwarted For Penological Interests, Jerome Shaen

Villanova Law Review (1956 - )

No abstract provided.

Torres V. Texas Department Of Public Safety: Brief Of Scholars Of Constitutional Law And The Law Of Federal And State Courts As Amici Curiae In Support Of Petitioner, Evan H. Caminker

Appellate Briefs

Amici curiae, listed in the Appendix, are professors of constitutional law and of the law of federal and state courts. Amici hold varying views on state sovereign immunity and the interpretation of the Eleventh Amendment. Amici join in this brief because they agree that the Court’s jurisprudence on these issues reflects inherent tensions that justify consideration of a new approach. Amici propose an approach to sovereign immunity that is grounded in both constitutional text and broader common law principles, and that, in amici’s view, is faithful to the original constitutional design and the text and purpose of the Eleventh Amendment. …

Creating Dr. King's 'Beloved Community', Deborah N. Archer

Villanova Law Review (1956 - )

No abstract provided.

Brief Of War Powers Scholars As Amici Curiae In Support Of Petitioner - Torres V Texas Dps, Frank Rosenblatt

Journal Articles

Congress’ war powers are, and always have been, both great and vast. To say this is not to elide the fundamental principle of our constitutional system that the federal government is one of only limited, enumerated powers. In most respects, the federal government’s powers are indeed less capacious than the police powers enjoyed by the several states. But things are different when it comes to war. War is what made, and remade, the Nation. Without the ability to wage war effectively, the Nation could not endure.

Robocourt: How Artificial Intelligence Can Help Pro Se Litigants And Create A “Fairer” Judiciary, Justin Snyder

Indiana Journal of Law and Social Equality

No abstract provided.

Assessing The Prospects For Fair Housing, John Infranca

Suffolk University Law School Faculty Works

This is a review of Furthering Fair Housing: Prospects for Racial Justice in America’s Neighborhoods, a 2021 collection of essays edited by Justin P. Steil, Nicholas F. Kelly, Lawrence J. Vale and Maia S. Woluchem. Furthering Fair Housing provides a detailed account of the long history leading to the 2015 affirmatively further fair housing rule, an evaluation of the short-lived rule’s effects and potential flaws, and a robust set of insights and recommendations for both federal officials revising the rule and local officials tasked with implementing it going forward. This review summarizes the volume’s individual chapters before discussing a few …

The Use Of Information Technology In The Activities Of Law Enforcement Agencies: A Comparative Legal Analysis, Islamov Muzaffar Rasulovich

ProAcademy

The article considers the use of information technologies in the activities of law enforcement agencies: a comparative legal analysis with such countries as Germany, the USA, Korea, the Russian Federation. The global development of world civilization at the present stage of development of all areas and directions of human activity is determined, first of all, by the effectiveness of its information support. The economic, financial and political life of states, their prosperity and security largely depend on this. The activities of law enforcement agencies are associated with the processing of large volumes of various information, which, in modern conditions, requires …

Breakfast With Q-A-Mom: Understanding & Combatting The Stealth Threat Of Women Engaged With Digital Domestic Terrorist Organizations, Leah A. Plunkett

Notre Dame Journal on Emerging Technologies

This essay proceeds in three parts. It provides (1) a high-level description of what QAnon is and who the Q-A-Moms are; (2) an analysis of how and why women join QAnon, importing the general “quest for personal significance” framework (characterized by “need[s], network, and narrative”) from researchers in psychology to legal scholarship for this specific query into Q-A-Moms; and (3) an initial thought challenge to building the solution space for combatting the threat Q-A-Moms pose. This approach takes the core of the Facebook Supreme Court model (creating new quasi-judicial and law enforcement structures within the private digital sector to address …

The Case Of The Smart City, Bruce Peabody, Kyle Morgan

Brigham Young University Journal of Public Law

January 7, 2021, marked the seventy-fifth anniversary of Marsh v. Alabama, the case in which the Supreme Court of the United States extended the protections of the First and Fourteenth Amendments to a privately held “company town.” This article makes the case that the longstanding Marsh precedent, and the basic jurisprudential framework it set out, remain important in working through twenty-first century problems regarding public-private partnerships and their impact on constitutional rights. We bring this old ruling into our new century by extrapolating a hypothetical legal controversy from legislation currently under consideration in the states. Thus, the heart of our …

Statues Of Fraud : Confederate Monuments As Public Nuisances, Emily T. Behzadi

Faculty Scholarship

The deaths of George Floyd, Breonna Taylor, and countless other African Americans have capitulated a new wave of social activism throughout the United States. Notwithstanding the existence of one of the most infectious diseases of the 21st century, racist and unrestrained police violence continues to plague American society. The unprecedented national uprisings resulting from the brutal killings of African Americans have positioned the U.S. on the precipice of immense social and political change. This transitory period is marked by an amalgamation of social, political, and cultural influences. However, the continued exhibition of Confederate monuments inexorably stymies the ability to remedy …

Sea Of Destruction: Legal And Social Forces Enabling Sexual Abuse Of Children, Amos N. Guiora

Utah Law Faculty Scholarship

This Article seeks to expose the truth of how our schools, laws, and powerful groups in our society actively work to aid mobile molesters in schools—mobile because they move from child to child and school to school, all with the blessing of adult enablers who are charged to protect children. According to news reports, in 2015, at least 498 teachers and other school workers were arrested for sexual misconduct with children. That is almost three per school day. Even worse, in addition to the initial attack by the molester, the child is subsequently revictimized by others who aim attempt to …

State Broadband Profile - Ohio (Feb. 2022), New York Law School

Reports and Resources

No abstract provided.

The Impact On Crime Rate During A Period Of Covid-19 Induced Jail Booking Restrictions, Nathan A. Jendrick

Doctoral Dissertations and Projects

COVID-19 has become a catalyst for profound changes not just in public health but in criminal justice as well. To reduce the close-quarters populations of correctional facilities in an effort to reduce the spread of the virus, law enforcement administrators in the Pacific Northwest have significantly limited the opportunity to make custodial arrests of criminal suspects. The effect on crime rate by not booking suspected criminals for misdemeanor and felony crimes alike remained largely unstudied. To assess this intervention, a paired samples t-test was used after acquiring call volume data for 13 crime types from the dispatch communications center of …

A Moral And Legal Imperative To Act: The Bail Bond Industry, Consumer Protection, And Public Enforcers, Brandie Burris

Minnesota Law Review Vols. 106:2 onward (2021-present)

Bail is not a fine, and it is not a punishment. In theory, bail serves a simple goal: it ensures an accused defendant will appear at their criminal hearings. Yet, as practiced, the American bail system is insidious. Bail bond agencies exploit their grossly unequal bargaining power, depress consumer access to comparative information, employ contracts with terms unreasonably favorable to the company’s interests, and conceal extreme contract terms in confusing legal jargon. As a result, common bail industry practices trap consumers in debt cycles under unconscionable bail bond contracts simply because families cannot afford the cash bail payment needed to …

Disinformation On Trial: Fighting Foreign Disinformation By Empowering The Victims, Ari B. Rubin

Cardozo Law Review

Foreign disinformation catapulted into the national spotlight with the 2016 presidential election, but its impact is not confined to the electoral map or season. This Article addresses the threat of foreign disinformation by proposing a new statute: a private right of action, enabling harmed persons to directly sue state or private actors, foreign or domestic, who knowingly or recklessly spread disinformation from abroad. Scholars and policymakers have proposed other, far-flung solutions ranging from greater online security to outright censorship. Each of those ideas stumbles on common challenges and lacks a valuable ingredient: an interested party, directly harmed by the foreign …

Taking Stock: Open Questions And Unfinished Business Under The Vawa Amendments To The Indian Civil Rights Act, Jordan Gross

UC Law Journal

The primary statutory tool for federal regulation of Tribal court criminal procedure is the Indian Civil Rights Act of 1968 (ICRA). ICRA replicated most of the procedural protections in the Bill of Rights applicable to the States, as then interpreted by the Supreme Court. ICRA also sets out procedures Tribes must extend to criminal defendants in their courts, caps their sentencing authority, and defines their criminal jurisdiction.

Some parts of Indian country are the most dangerous places in the United States today, particularly for indigenous women and girls. They are exposed to a higher level of personal violence than any …

Saving The Sinking Ship: How The United States Can Create An Effective Content Moderation Policy By Looking Abroad, Zhi Yang Tan

UC Law Journal

Each day, the world creates another 2.5 quintillion bytes of data, with most of it being accessible by the average person through the smartphone they carry in their pocket. That data may often take the form of informative new articles or funny cat videos, but also hidden within that sea of information is content designed for more malicious purposes. While much of the world, and especially the U.S., has historically taken a laissez-faire approach to moderating online content, such an approach is quickly becoming outdated and ineffective as more people are exposed to disinformation or hate speech online, which can …